We are lucky that asbestos does not show up as much as it used to in industrial applications, insulation and other places. But it is still around, and the effects linger for people who spent a chunk of their careers dealing with the substance. Now, Baton Rouge has limited descendants’ abilities to claim benefits.
The Louisiana Supreme Court recently ruled that a previous settlement regarding a health problem related to asbestos precluded a later attempt to secure a survival action after the plaintiff passed away. The initial settlement occurred in 1985 after the plaintiff sought damages following a dozen years of work that involved the occupational exposure to asbestos.
The suit involved a case of pneumoconiosis, a condition with fewer serious complications than other issues caused by constant exposure to the crystalline fibers that come off solid asbestos in the form of dust. The subject later died of mesothelioma, a serious cancer-like condition that affects the linings of thoracic organs.
The decedent filed a new lawsuit regarding his diagnosis for mesothelioma the month before he died, and his children sought end-of-life expenses and damages. The defendant, who previously employed the plaintiff, filed an exception that stated the case was already decided by the settlement in 1985.
It is never easy to deal with the consequences of exposure to asbestos, and deciding to sue over the resultant health problems is not easy. When victims and their families have questions about lawsuits regarding asbestos, legal representation is an excellent idea. No one should have to deal with the results of asbestos exposure without help.